(1) TENANT LIABLE AFTER GRANTING ESTATE. Any tenant who lets or grants the tenant’s estate and still retains possession thereof and commits waste is liable for the waste.
844.06.Waste; liability.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 844.06 makes a tenant who leases out their estate but keeps possession liable for waste they commit, and makes a joint tenant or tenant in common who commits waste liable to suit by their cotenants.
Full Text of Section 844.06
(2) JOINT TENANTS, LIABLE. If one joint tenant or tenant in common commits waste of the estate held in joint tenancy or in common, the tenant committing waste shall be subject to an action at the suit of the tenant’s cotenant or cotenants.
Plain-English Summary
Section 844.06 assigns liability for waste in two specific situations. Subsection (1) covers a tenant who has let or granted away the tenant’s estate — for instance, subleased it — but still retains possession. If that tenant commits waste, the tenant is liable for it, notwithstanding having already transferred the estate to someone else.
Subsection (2) covers waste committed by one joint tenant or tenant in common against the shared estate. The cotenant who commits the waste is subject to suit by the cotenant’s cotenant or cotenants, giving the other owners of the shared property a direct remedy against the one who damaged it.
Frequently Asked Questions
If I sublease my property but keep living there and damage it, am I liable for waste?
Yes. Section 844.06(1) makes a tenant who lets or grants the tenant’s estate but still retains possession liable for waste the tenant commits.
Can one co-owner sue another co-owner for damaging shared property?
Yes. Section 844.06(2) subjects a joint tenant or tenant in common who commits waste of the shared estate to suit by the cotenant or cotenants.
Does this section apply if the tenant transferred the estate and also gave up possession?
Section 844.06(1) applies to a tenant who lets or grants the estate and still retains possession; it addresses that specific combination rather than a tenant who has given up possession entirely.
Who can bring the waste action against a cotenant under subsection (2)?
The tenant’s cotenant or cotenants, according to Section 844.06(2).
Is a tenant automatically liable for waste just because they let out their estate?
No. Section 844.06(1) ties liability to the tenant committing waste while retaining possession, not merely to having let or granted the estate.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.06; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin tenant liable for waste rulecotenant sues for waste wisconsinjoint tenant waste liability wisconsin844.06 waste liability